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MESSAGi: 



GOYERNOR'S MESSAGE. 



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MESSAGK 



GOVERNOR OF PEiNNSYLVANIA, . 



TUANSMITTINO 



RESOLUTIONS RELATIYE TO SLAVERY, 



PASSED BY THE 



LEGISLATUllES OF VIRGINIA AND GEORGIA. 



UMilllSllVllU: 
J M. U LEsCnrKK, PULXITR 'l"0 THK STATE. 

ISJO. 



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SEPi;i9S7 
D* of 04J 



MESSAGE 



To the Senate and ffoiisnof Rrprcsentativcs of the CommonivcaUh of Pe)a\'i]jtvania: 

Gentlemen : — Tlie Slates of Virginia and Georgia, have trnnsniilted to llio Kxpcu- 
tive Department of this Commonwealth, resohitions in reference to the preservation of 
the Union ; the instilnlion of slavery ; and complaining of certain alleged violations 
of the Constitution of the United Slates. A respeclfid conrlcsy to these distinguished 
members of the confederacy, demands from the government of Pennsylvania an early 
and calm consideration of tiie grievances thus presented. 

The known character of the citizens of this Commonwealth, fcjr their faithful ad- 
herence to the National Constitution ; iheir deep veneration for, and attachment to, the 
National Union, and their uniform respect and regard fur the rights, privileges and 
happiness of the citizens of ihe other States of the confeileracy, is a sufficient pledge, 
that they would feel deejily wounded, should their representatives, by silence and 
acquiescence, seem to admit that they, or thiiir government, were justly obnoxious to 
the assertion that they •• had comiucnccd. and were persisting in a system of encroach- 
ment upon the Constitution, and rights of a porlion of the people of this confederacy, 
which is alike unjust and dangerous to the peace and perpetuity of the cherishetl Union." 
Persuaded tiiat there exists no unkind feeling among our citizens to any other portion 
of the confederacy, and that a cordial love for the National Constitution and Union, 
pervades our entire populalio!i ; ii is deemed a pleasant duty to transmit those resolu- 
tions to your honorable bodies, that the necessary ineasures may be adopted after a 
candid consideration of the whole subject, lo give a decided negative to the complaints 
of our sister Republi -s. if they have done our people and government injustice in these 
charges ; and if otherwise, to offer the amplest assurance that the speediest remedies 
will be provided to redress any just grievances. This action is necessary in order that 
no truthful accusation of a wilful and wanton breach of the Constitution ; infidelity lo 
the National Union, or invasion of the rights of others, shall slain the social iiislory of 
Pennsylvanii'. 

The wrongs alleged may be classified as follows : 

Fh'^t. That the people of the n,)n -slaveholding Slates have encroached upon the 
Constitution of the United States. 

Second. That they have done acts hostile to the peace and perpetuity of the Na- 
tional Union. 

Third. That they have unjustly, dangerously and injuriously, trespassed upon the 
rights of other portions of the confederacy. 

These are grave charges aorainst the faith and honor of this Commonwealth, — and 
hence the necessity of a careful examination of their justice and truth 

Questions connected with the slavery of the colored race, have given origin to these 
complaints. 

It is not necessary to discuss the abstract question of slavery. If it were now lo 
be established, if the foot-prints of the bondsman, were noiv for the first time to mark 
the soil of our common coimlry ; — if the (.-onsiiiution were now lo be formed, it woidd 
be our duty to enter our solemn i)rotest ag;ilii>i its intnidurlion or recognition. We 
should feel a jileasure in the udopiioii of a diilercnl policy from that imposed upon us 
hy our Urilish progenitors. 



Wliere lliey forged and rivilod, we would strike ilie cliaiiia of bondage from huniali 
limhs. 

The Consiiuition of tlic Uuiicd Slates, however, liaving o-uaraiitied to a certain 
extent, ll)e existence of shivery ; and recoi;ni/.ed the rights of tlie j)eoi)le ol' the slave- 
holding Slates in their pecnUar properly ; all such di'^cussions in reference to the insti- 
tution as it exists in those Stales, are properly preclnded by a just sense of conslilutioiial 
duly. With slavery, therefore, in the several Slates, there is not now, and never has 
been anv disposition on llie part of the government of Pennsylvania to interfere. 

Let lis examine how far the general charges made against the people of the free 
Slates, apply to our citizens. To do so with more clearness, a recital of the events 
preceding, and attending the formation of the Constitution, is deemed necessary and 
proper. 

Pennsylvania had been a slaveholding Stale. The introduction and use of servile 
labor, and the moral and political degradation of the colored race, had been engrafted 
upon her liberal institntions by the cupidity of our Biiiish ancestry. While the revo- 
lution, and the separation of the colonies from the mother country were in progress; — • 
and before the recognition of their independence by the government of Great Britain, 
her Legislature, by the act of the Isi i\Lireh, 1780, abolished slavery within her bor- 
ders. A copy of that statute is hereto annexed. 

The preamble to this act, in strong and appropiiate languajie, expresses an abhor- 
rence of that condition of civil bondage to which the arms and tyranny of Great Britain 
were exeried to reduce us, acknowledges the beneficient agency of the Supreme God, 
in ourdeliverance from the threatened dangers, and admits the great injustice and wrong 
done to the servile race, by means whereof they had been ''deprived of the common 
blessings to which they were i)y nature entitled ;" and then, in commemoration of our 
own happy escape from tyrannic and despotic power, provides, that all persons, as well 
negroes and mulaltoes as others, who shall be born within this State, from and after the 
date ol' the said act, shall not be deemed and considered servants for life, or slaves. — • 
'J'he further provisions of this hnmane law relate to the registry of slaves, the service 
of their children, their support when left indigent, their trial for ofl'ences ; and whilst il 
thus declares, in most express terms, that no man or woman, of any nation, or color, 
except registered slaves, shall at any time thereafter be deemed, adjudged, or holden 
within the territories of this Commonwealth as slaves, or servants lor life, but as free 
men and free women ; it makes provision for the protection of the property of non- 
residents in slaves, f)r servants for life, who may be sojourners for a period of six 
months. On the 29th March, 1T88, another act, intended to cure the defects in ihe acl 
of 1st March, 1780, was passed, and is hereto annexed. 

These enaciments made Pennsylvania a non-slaveholding State: and in terms of the 
clearest and strongest character, marked the determination of her people to abolish for- 
ever, servile labor within her borders. Whilst the preamble to the first act recited and 
embodied the reasons for the abolition of, and expressed her feelings in relation lo, the 
instiliition of slavery, it furnished notice of ihe most authentic kind, of her determined 
resistance to its increase and extension. 

The Congress of the Slates in session in New York. (Virginia, (Georgia and Penn- 
sylvania being represented therein,) on the 13ili .July. 1787, passed an ordinance, with 
great unanimity, that slavery, or involuntary servitude, should never be established, 
except for crime, within the then territories of the confederated States, 'i'here is no 
excepting «ir saving clause — no line of compromise, or designation of degrees of lati- 
tude, lo limit the area of ireedoin ; but an entire, absolute, and unconditional j)rohib«- 
tion ol ihe insiiiution in all the territories then under the jurisdiction of the Congress. 

'J'he act of 1780, h;i(l given nolii-e to the other Stales of the views entertained by 
Pennsylvania, on this imjjortant sulij(;ct. 'i'he ordinance of l.'Jili .Inly, 1787, was con- 
ceived in the same spirit, and gav(r an assurance that the evils of human bondage 
should never be extended, and would eventually cease to exist among a free people. 
Il was in this belief that ihe citizens al' Pennsylvania consented to a constitution which 
recognized lo some extent the insiiiution of slavery. 



.5 

The Constitution hc'wrr adopted, went into oporation on llic 2n(l April, 17S0. It 
cuiiiains ilio following provisions, directly or iniliri'cily fonnccted with llic strvitude of 
iht! colored rare : 

First. As regards representation, it provides: " Tliai representatives and dirocl 
taxes shall ho apportioned anio: ^ the several Slates which inav l)e incjii'led within this 
Union, aecordin;f to their respective niiiiil)er.s, which shall he ilelermined hy adding lo 
the whole nnniber of free persons, inclndin<r those honiid lo service for a term of years, 
and exeliidinir Indians not taxed, three fifths of all other persons. 

^^Second. Tlie migration or importation of sucii persons as any of llie Slates now 
existing shall tliink proper to admit, shall not be prohibited by (.'ongress, prior to the 
year 18t)8 : bnl a tax or dniy may lie imposed on sucii impf)rtation, nul exceeding leii 
dollars for each person. 

*'77;//-c/. No person held to service or labor in one Stale, under the laws thereof, 
escaping into another, shall in consequence of any law or rcgulalion therein, be dis- 
charged from sneh service or labor, I)ut shall bo delivered up on claim of the parly to 
whom such service or labor ma\- be due." 

The provision in ilic (yonsiiuition limiting the duration of llie slave trafTic, and the 
act of tlie National (.'ongress immediately preceding its adoption, in relation lo its non- 
extension to the territories of ihe Union, would seem to leave no doubl npon the mind, 
that il was ihe intention and meaning of the framers of tiie Constitution lo prevent the 
extension and increase of human slavery, and at an early period to secure its enlire 
abolition in the several Stales, 

The qualified representaiioii of llie servile race, and the delivery of fugitives, were 
concessions made to the peo|)le of the slaveholding Slates. 

'I'o this organic law, containin>r these provisions, Pennsylvania gave her assent, anil 
il is tlierefore a duty on Iter part to respect, with religifius fidelity, the rights therein 
guarantied to other States. 

Thai lliis Commonwealth has been fiilhful in the discharge of all her federal obliga- 
tions, il is believed can be made manifest. Il is true, itiat her business pursuits have 
been frequently interrupted; il is true that her just weighl in the national councils has 
been lessened by ib.e representation of the servile race ; — it is true that the representa- 
tion of properly instead of people, has been felt by her ciiizens, as aiui-republican and 
wrong ; neveriheless. she has always felt il a duly faiihlully lo discharge her obligations 
as a member of the National Union. 

Tlie institution of slavery has assumed a new position and importance, i)v the suc- 
cessful atiempi lo extend it beyond iis original limits. In every instance of the kind, 
this Commonweallh has raised her voice in earnest protest. In ihe wrillcn Constitu- 
tion, to the observance of whose provisions her faith had been pledged, there was 
found no authority for its introduction into new, and after-acquired territory. With 
the knowledoe that the framers of the O)i)siiiiiiion had taken a pan in the deliberations 
of the (Congress of 1787, and that the intention of their ordinance, was the preserva- 
tion from the malign influences of slavery, of all the territory then belonging to the 
Union ; it was reasonable lo suppose that any acquiescence on her part in the acquisi- 
tion of immense regions, to l>c covered with slavery, would be given with great reluc- 
tance. 

The same liberalitv of seniiment that breathed in the HeK-laraiion of the National 
Independence; the same ard^iu love of human freedom, that conceived the ordinance 
of 1787 ; the same haired of huinaii liondai^e, that induced the aluiliiioii of the slave 
trade ; it was believed would influence and direct the opinions and aclions of the 
descendanls of those illustrious fathers who placed lliese proud memorials among the 
venerated archives of the Republic 

At the time of the admission of Missouri, it is well known with what unanimity 
this government protested against the introduction of servile labor into that fertile re- 
gion. The language of her protest is clear and strong; it breathes the true feeling of 
her patriotic children. 

To the compromise line at that time adopted, it is presumed, no assent was given on 
her part. 



6 

To have dom; so, would have dono violence to licr principles ; an ! would liave I)pen 
an ab:iiul<imiienl of lu^r early and cherished policy. Il was an iiifraclion of the spirit 
of the ordinance of 1787. and was a doubtful exercise of conpiitiilional power, as well 
as a species of infidelity to ihe National Union. The act of 1780 abolished slavery, 
and .dieted there was no human right to exact hunian bondage. The ordinance of 
1787, prolubited slavery in the territories of the then confederation, and the reasons 
lor its enacltnent, applied as forcibly to the west bank of the Mississippi, as they did 
10 the nortii bank of the Ohio. The National Constitution contained nothinjr to au- 
thorize the acquisition of new territory, anfl the erection of further slave institutions. 
On the contrary, by its provisions, in refdrence to the slave traffic, and the concurrent 
events attending its formation, it appeared to mark limits to the extent and duration of 
the institution; hence any action enlarging its boundaries was an unwarranted assump- 
tion of power. 

The union of the States was endano-ered by the erection of imaginary lines tending 
lo engender, anil keep alive sectional jealousies and prejudices. Pennsylvania desired 
no new Mason's and Dixon's line, to mark distinctive characters and tastes among a 
homogeneous people. 

In the powers of the National ('ongress. is found no authority to create slavery, 
unless its introduction formed a portion of a treaty acquiring territory, or was the con- 
dition of a grant of lands. The spirit of universal liberty guarded all soil blessed by 
the institutions of freedom ; and to establish bondage, positive enactments were neces- 
sarily required. 

These sentiments of Pennsylvania remain unchanged, and if their expression, with 
a perfect willingness to submit their accuracy to the supreme judicial tribunals of the 
country, were aggressions on the rights of the citizens of Virginia and Georgia: if they 
werean infraction of the National Constitution, or tended to a dissolution of the Union, 
the deniimsiralion thereof has not been made manifest to our citizens. 

The National Government is admitted to be a governtnent of limited powers, and 
that no authority can be exercised by it unless conferred by the Constitution. In the 
Constitution is found no express authority for the acquisition of new territory by pur- 
chase, — no express authority lo admit new States into tlu^ confederacy formed from 
such acquired territory, — no expressed or written power to absorb and annex another 
and a distinct sovereignty ; to assume its debts, finish its unsetded warfare, or lo take 
charge of its public domain, — no express authority is given to plant the institution of 
slavery where il does not exist; and certainly none to guarantee to it, in its new home, the 
unequal, and anti-republican reprcsenlalion to which it is entitled in the original States. 

The practical and common sense exposition of the Consiilution, it is freely con- 
ceded, would invest a government of limited powers, wilh all the authority necessary 
to carry into efiect its expressly granted powers. 

The powers of Congress over ihe territories of the Union, and the District of Co- 
lumbia, are embraced in the following provisions : 

First. New States may be admitted by Congress into the Union. Congress shall 
have power to dispose of, and make all needful rules and regulations respecting the 
territory or other property belonging to the United Stales ; and nt)tliing in this Consti- 
tution shall be so construed as lo prejudice any claims of the United States, or any 
particular Slate. 

Second. Congress has the right to exercise exclusive legislation in all cases what- 
soever, over such district (not exceeding ten miles square,) as may by cession of par- 
ticular Slates, and the acceptance of Congress, become the seat of government of the 
United Slalcs. 

The parts of the Constitution hereinbefore detailed, and mentioned below, embrace 
all the provisions necessary or essential for our present purpose. 

1. The slave representation in the National Congress. 

2. 'J'he non-importation of slaves alter 1808. 

3. The cxiradilion of fugitives from labor. 

4. The authority of (.'ongress over the territories. 

5. The authority of Congress over the District of Columbia. 



Whicli (if tlu'so provision.^ of ilie Naiioiuil ('oiisliiiilioi) lias Ixon cncroaclicil upon 
by J*omu^ylvania ? 'I'lieru is no pari of her history, legislative, cxcciilivc. f)r judicial, 
ihat shows any iiiterfurence with the rights ol" represeDlalioii bfloiigiii«r to Virginia or 
Geor^riii. 

No charge has been inaJo against her faithful nhscrvanr-o of ihat portion of the Con- 
stitution in iclalion to the irnporlation or nonimportation of slaves. The authority of 
Congress to establish slavery in territories wherein it does not exist, this Stale has 
denied in mild and friendly terms; and in subtnilting heretofore to the exercise of the 
power, when new slaveholdini; States have been admitted, no bitterness Ins njatkeJ 
her (Complaints and protests. The aiuhoritv of t-ongress toai)olish slavery in the Dis- 
trict of ('oUimbia is apparent, unless the words employed conferring it, give less, and 
n different power, when inserted in Constitutions, than when used in other portions of 
the written and sj)oken language of the country. 

The coni|>laiiit in relation to the nondelivery of fncrilives Irom labor, will be best 
snswered by a review of the laws enacted on tlu; subject. 

The act of IT80, allhough it denied the use of slave properly to h(!r own citizens, 
with a careful regard for the rights of the slave holding States, permitted sojourners to 
retain the ownership of such [)roperly for six consecutive months, wiihin the Slate. 
The frequent evasions of this part of the statute, and the effort mad<; to extend slavery 
to the offspring of slave mothers, caused the act of 29th March, 1788. 

'I'ho coiisiiuilional provision before mentioned, for the reclamali.m of fnuitives, fol- 
lowed soon after, and was supposed to place all power over the subject in the National 
Legislature. The act ol Coiiiiiess of l'.ilh T'ehruary, 179:}, entitled '• An Act respect- 
ing fugitives from justice, and persons escaping from the service of their masters," 
appeared to confirm this opinion. It was believed, however, that a concurrent juris 
diction vested in the National anil Slate Legislatures. At the request of n number of 
gentlemen of the neighboring Stale of Maryland, as is staled in the argument in the 
case of Prigg vs. Commonwealth, the act of ^oth March, l8iG, was passed. Three 
objects were intended lo be secured by this letjislation, to wit : 'I'he delivery of fui^i- 
lives from labor ; — the proleclion of free colored people, and the prevention of kid- 
napping. 

The first and second sections describe the offence of kidnapping and prescribe its 
punishment. The propriety and justice of its enactinents cannot be questioned. The 
other sections of this sialute, relale lo the reclamation of fugitives from labor, and the 
powers given to the owner lo retake his properly, and the obligations lo aid and co- 
operate with him, imposed upon the orticers of this Commonwealth, were of such 
character as ought to have satisfied all reasonable and fair dealing men, of ihe disposi- 
tion of this (yommonweallh lo have the provisions in the Constilulion, and the acts of 
Congress, completely carried into effect. While the law provided ample security for 
the safe keeping of the alleged fugitive, until the owner might have an opportunity to 
obtain the proof of his former condition, it required other proof of this fact than the 
oath of the interested claimant or his aijcnt or attorney. The provi-ions of this law 
were fair and equitable, and well calcidated lo aid the owner in the recovery of his 
property ; — and it is deemed a matter of surprise that it was contested and annulled, 
through the agency of the same State whose citizens had procured its enactment. 
The guards in the statute, intended lo preserve the liberty of the freeman, would by 
the investigation it demanded, cause some trouble in procuring the final e.Mradtlion of 
the fugitive slave. 

The proof of properly, by other evidence than the oath of the claimant, was cer- 
tainly demanding as little as onr southern friends in justice should have desired, when 
ihev asked the aid of the official power of the Commonwealth, to send from her juris- 
diction and territory, human beings, invoking the protection and guardianship of her 
laws. The supreme court, however, decided, that the provisions of said law, impos- 
ing restraints upon the claimant's power to remove the alleged fugitive, were uncousiilu- 
tional. If the restrictions imposed by the statute were intended to aid the escape, or 
to prevent the extradition of the fugitive, the accuracy of the decision cannot be doubled, 
but if these guards were inserted as necessary to protect the liberty of the freeman, the 



ileclsioM was wronj:. uiilo.-s it was adji.tlgcil that ili<^ solo aiilhoriiy over llio siil)jt'f^l was 
vested ill L'oiijj'ress. This decision left to thfi master ihe aiilliority to chiim as pro- 
videtl in lh«' Coiisiitiitioii. and also aiilhoiized him I) seize and remove the individual 
who, he alh'<.'cd. was Ins j)roi)eriy. and to use lor that purpose the oflicial power of the 
JSiaie; wiilmiil perniiitiiig to her the rioht to contrnj, am! regidale the manner of the 
proi-ediire, or to deterniine the trndi and instice of llie allej^ed claim. It established 
the prniciple that a siranyer to the soil ol' Pennsylvania nii(»lit enter upon it, and by 
possd)iliiy inflict the deepest injury upon her sovereignly hy the aitduction ol her citi- 
zens Oil false pr(!tences. The snprente judicaiure luiving so decided the question, 
our law aiiidiiiir citizens suhmitied, hut widi the determination, thai in the spirit of thai 
decision, the ofllcers of this ( 'oinmon wealth should not he made the instruments, even 
by possiliiliiy, on such slij/ht Inundation as a claiinanrs interested demand, of enslaving 
free men. 'I'o prevent this jireat possible wron^r. the act of 3rd March, 1847, repeal- 
ing all legislation on ihe subject, and forbidding the officers of the Slate to take any 
pari in the recapture of such alleged fugitives, was enacted. The constitutional pro- 
vision, and ihe act of Congress, our Stale has endeavored to carry into fiill eflect. 
She has denied, and it is Imped ever will deny, the power of Congress to i!nj)ose the 
performance <d duties upon her municipal and judicial officers without her consent. 

An act of ("ongress [)roviding a mode of procuring due proof of the correctness of 
the claim of the reputed owner of a fugiiive from lal)or _: and requiring satisfactory 
evidence from disinterested parlies, of the former condition of the t)er.-on claimed, would 
receive the sanction of our citizens, and their co operation in carrying it into efTect. 
No enactment would satisfy the citizens of Pennsylvania llial failed to require strict 
proof of the right of the master 

In this recital of her legislative history, it is intpossible to discover wherein this 
Commonwealth has been unfaithful to the National (Jonstitulion. 

If the obligations imposed upon us by the (constitution have been thus faithfully 
discharged ,• — and if every page of our history ; — every volume of our laws — demon- 
strate that our federal relations have been honestly regarded ; is it not an act of injus- 
lice on the part of Virginia and Georgia, to charge us with a wilful neglect and 
infraction of our duties to ttio national compact? 

Is il an aggression for our people, in the exercise of the liberty of speech, to pro- 
claim thai slavery is an evil, and a wrong, and that at the adoption of the ('onslitulion, 
these principles were avowed and maintained ? Is it a wrong in them to say that 
power is vested in Congress to prohibit the introduction of slavery into the territories, 
and to abolish il in ihe District of Columbia? 'I'he Federal Constitution denies to 
them no right to speak freely on these subjects. 

If it did, this government never would iiave existed, clothed with power so despotic 
and unjust. 

Whether it is expedient to legislate upon the subject of the exclusion of slavery from 
the territories, and of its abolition in the District of Columbia, at the present time, by 
the National Congress, or to permit the people of the respective territories, and the 
Distriirl of C(dumbia, lo act for their own best interests, and according lo their own 
views of policy and right, is no part ol" our present duty lo determine. These ques- 
tions may well be left to the representatives in (Jongress, under the instructions of the 
people, to decide as may seem mo.sl conducive lo the welfare of all sections of our 
common country ; but il is nevertheless right and proper, and a duly we owe to the 
peo|)le of Pennsylvania, — to the memory of her early and patriotic statesmen; — to the 
reputation of the public men of the past generation, and lo those now entrusted with 
her ilcslinies, lo deny in dignified and decided terms ihe insinuations and charges made 
against her faith and integrity. 

The allegation of infidelity lo the National Union is best answered by the history of 
lier devotion and attachmenl lo this palladium of our civil and religious freedom. 

The alien and sedition laws of the National (/ongress, while they found no sym- 
pathy m ihe hearts of her citizens, but roused their deepest and deadliest opposition, 
failed lo provoke her [)eo|)le to enter into any arrangements for their rcsislance by force, 
even lo a dcslruclion uf ihe Union. 



The cxluiision of slavery over ivvifiioiis of tl'.c vast domains t)f llio Louisiana pur- 
chase, alllimigli ill din-cl opijosiiioii lo lu-r imiunl and solciiiii jjr.dcsl, mid calctiilaled 
V'> OMlrage tlie A.'eliiiij;s of lior people, produced no lliroals of disscdiiiioii. 

The proslraticiu ol' Iier iudiisirial pursuits, caused l)y llie iiilliieiu-e of llie au^jiiienleil 
slave represeiUatioii in the National Congress, bv the ailinission of Texas ; wliiie il 
deeply wounded, could not destroy l»er confidence and love for llie national compacU 
'I'lie compromise of llie revenue kws, m.ide to win an erriiijj sister lo llie duly of 
ol)5dieiice lo the ('onstilnlioii and laws, by which wide spreail ruin swe|)t over her 
bonders, wruui; from lier citixcns no denuiieialions of the Federal Union. 

The refusal on ihe part of cert liii slaveholdiu<; Slates lo deliver up, althouf,'h re- 
quired so lo do by expr(^ss (irovision of iIk; C(»nsiitulion. kidnapi)ers, whose wrong- 
doing was against ihe very sovereignty of the Commonwealth, furnished in lierupinion, 
no lalid reason lor assembling coiivenlioiis to disrupt ihe eonfederalioii of the States. 
Al these acts, so injurious to her people, might have authorized deei) and loud com- 
plaints, but her love for the Union rendered her silent ; and induced the hope, that 
difFeit'iil and more friendly counsels would prevail. Her voice was heard only in kind 
remojstrance. .No harsh complaints of a violated Constitution .ind invaded rights, 
were Htered, to wound a brother's ear, ami interru|)t the social and kindred friendships 
of a Uiited people. She remcmbercJ thnt we were a common people; that a common 
|)urpoje, for the advancement of huiiian rights, had produced our conne.\ioii ; ihal a 
i-ommoii danger had united us in fiatetnal bonds ; and that a common ilestiny awaited us. 
She reHecled that the same soit had been made red with the blood of a common 
aiicestr5. and that the same religion, laws, institutions, habits and pursuits, governed 
and gui|ed and marked our common pathway. Relying on the justice and fraternal 
feelings )f a common country, she l-.elieved that her rights and interests would be, in 
proper tbe, admitted, recognized and protected. The attachmenl of Pennsylvania to 
the Uniot during her entire career, has been as pure and ardent as it was in the first 
hours of ts existence, and her faith in its stability and permanent preservation, has 
(lever chaiged. She feels that the cement of the Union is the heart blood of ihe entire 
people ; aid that in the hands of the masses, the fabric of liberty is placed beyond the 
reach of its secret foes. She confidently believes that to prevent its disruption and 
overthrow. 'n the common danger would be found side by side, as of old, the sons of 
Virginia, Gtorgia and Pennsylvania, patriotically and nobly strivinji, in a common pur- 
pose, to plait on a higher, safer, holier and more stable basis, the National Banner, and 
united therewith, forever and indestructible the " Jlrlue, Libcrly. and Iiidcpen lence^'' 
of Pennsylvania, — the "Sic Semper Tyrannis'' of Virginia; — and the '• Wisdom, 
Justice and Ifodcratien''^ of Georgia. 

In obedienci to the constilutionaJ duty requiring me to transmit such information to 
the Legislature as may be deemed pertinent to the welfare of the people, I beg leave 
to .-ubinit iheseresolves of Virginia and Georgia, with this message; and to request 
ve passage of sich resolutions lo be forwarded to the I'^xecutives of (Georgia and Vir- 
ginia, as may iiijicate the injustice done lo this (Jommonwealth in the declarations 
made by llieir lie^islatures ; while at the same lime, we olTer assurances of our cordial 
respect" for, and feithful support of the National Constitution and Union, and of our 
sincere and fratern\l feelings towards their people as citizens of a common country. 

\VM. F. JOHNSTON. 

EXECUTIVB UhaMBER, } 

Harrisburg, Ma\ch 22, 1850. \ 



STATE OF GEORGIA. 

In the JJtuse of Representatives^ January 26th, 1850. 

Whereas, The peopUof the non-slaveholding States have commenced, and are per- 
sisting in a system of enooachment upon the Consiiluiion and the rights of a portion 



10 

of the people of lliis cnnfetfcracy, which is alike iinjusl an J dangerous to the peace anJ 
perpeiniiy ofour cherished Union. He it 

1. Iieso/ve'l 1)1/ the Senate and Ilouse of Reprenentatives of the Slate of Georgia 
in General .issembhj convened. That the ffovernnienl of the Uniteil Slates is one of 
limited powers, and cannot righlfHily exerrise any aiitlioiily not conferred by the C:)r>- 
gtitniion. 

2. JResolvel. That the Constilution grams no power to Congres;* to prohibit the in- 
trochtrtion of shivery into L»ny territory beFonaina to the United Slates. 

3. Itesolved, That the several States of the Union accccfed to the confederacy iipot:> 
terms of perfect eqnality, aiuf that the rights, privileges, dui] immJinities secured by 
the Canstitulion, belong alike to the people of each State. 

4. Tiesolved, That any and all territory acqivired by the United Slater, \vhethjr by 
discovery, pDTchase, or conquest, belongs in common to the people of each Statf, and 
thither the people of e;»ch Slate and every State have a common right to emigrate with 
any property they may i)09ses9, and that any restriction upon this right, M'hici wilJ 
operate in favor of the people of one section to the exchislon of those of ai>other. is un- 
just, oppressive, and unwarranted by the Constitution. 

5. Itesolved, That slaves are recognized by the Constitution ns properly, ind thai 
the Wilmot Proviso, whether applied to any territory at any time heretofore atquired, 
or which may be hereafter acquired, is unconslituliona?. 

6. Ii(Holved. That ('ongress has no power either directly or indirectly, to interfere 
with the existence of slavery in the District of Columbia. 

7. Jieso/ved, That the refusal on the part of the non-shiveholding States .o deliver 
op fugitive slaves, who have escaped to said Slates, upon proper demand bnng made 
therefor, is a plain and palpable violation of the letter of theConsiitutionT am an intol- 
erable outrage u[)on Soulhern rights, and that it is the imperative duty of Congress to 
pass laws providing for the enforcement of this provision of the Constitntion, by federal, 
judicial and ministerial oflieers responsible to the federal government. 

8. Ifesolved, That in the event of the passage of the Wilmot Proviso by' Congress, 
the abolition of slavery in the District of Columbia, the admission of Cdifornia as a 
State, in its present pretended organization, or the continued refusal of tie non-slave- 
holding Stales to deliver up fugitive slaves as provided in the Constjtuli'U, it will bo- 
come the immeiliate and imperative duty of the people of this Slate to ircei in conver^• 
tion to lake into consideration the mode and measure of redress. 

9. Jienolved, That the people of (icorgia entertain an ardent feellngof devotion to 
the Union of these States, and that nothing short of a persislance in thepresenl sysicn> 
of encroachment upon our rights by ihe non slaveholding Stales, can iidu«^e us to con- 
template the possibility of a dissolution, 

lU. Revolved, 'i'hal his [Excellency the Governor be requested to i^rward copies of 
these resohilions to each of our Senators and Kepresenlalives in (-oi7fress, to the legis- 
latures of the several Stales, (except Vermont and Co.\NECTiciiT,'and to the Presi- 
dent of the United States. 
Read and agreed to. 

JOHN W. VNDEKSOIS. 
Speaker of Ihe Hoime o Jiepresentalivrs. 
[Attest.] 13. K. Harrison, Clerk of the House of lieprcsenuliveit. 
In Senate. 
(Concurred in, 

V. IJ. WOFFORD, 

Proiident of the Senate. 
[Attest.] Luther J. Glenn, Secretary of the Senate 

Assented to 8th February, 1850. 

GEO. VV. TOWNS, 
Governor 



11 

F.XKCUTIVE Dei'artmknt, ) 

HiciiMONU, Viat;iMA, Fil/iij 13, 1850. 5 

Sir : — I li;ive llio honor lo tran.«mil lo you ilic accompaDvini^ preamble and resolu- 
tions aclt)pteil by the Geiiiu-al Asscniltly ol ilic Stale of Virginia. 
\'(My rcs|)cciriilly. 

V'our obedient servant, 

JOHN B. FLOYD- 
To his Exceilt ney, ibc (Governor of I'ciinsvlvanin. 



Whkreas, The recent netion of ilie General Assembly npon the Wilmot Proviso 
and kin(h-ed snbjeets, and in icla'ion to Inuiiive slaves, lias met with no oilier response 
from the non slaveholdiiii; States than violent deniinei.ition and a sysleinatie perseve- 
raiu-e in the wrongs of which we c«impl lined . .^nl whereas, Ii is apparent that the 
ineviuihle result of such a course of aciion nn the part of a portion of the Slates must 
be to excite bitterne.«s, jealousy and di.-iriisi ainonsr the rest; to kindle the anirriest 
passions, lo extinguish that spirit <if coiicessi(»n, and desir-'y that miitnal forbearance 
and fraternal affection which founded and have sustained our confederacy ; and. finally, 
to dis;;o!ve the Union itself: ^8ii I whrrens. We are anxious, if possible, to avert ihe 
evils which threaten iis. and believe thai the most eirediial means of doinj^ this are to 
be found in the cordial nniim of the whole sonili, for the mainienance r)|' the (Jon>iiiu- 
tion. and the preservation of the Uni<m, if ii can be |)rcserv(Hl, and for their own j)re- 
servaiioii if ii cannot : 

1. Beit therefore lesnlrcil hi/ llie Grneraf .'Issemhli/ of Virginia. That upon (he 
question thus perseveriniily and recklessly forced npon llie country. Viriiinia has taken 
her position, and that posiiioii wdl be mainiained. Her loyally to the Union is no 
matter of empty professi(m. It is.stanipeil upon every pajeof her history. No Stale 
has done as much to form the Union: none is prepared to do more to peri>eluaie it in 
the spirit in which it was lormcd. and in wliicli alone it can be jireserved. But. loyal 
:is she is and always his been, it wcie a faial error to snpf>ose that Viririnia will ever 
consent that that Union, to which sin- has looked as a source of happiness and honor, 
shall be converted into an instrninent ol de<i[radatioii and oppression. 

2. /?'v /(,Vf/, 'I'hat in iIk; event of the passage of the Wilmot Proviso, or of any 
law abolishiiifT shivery in the District of ('olumhia. (u- in any inaniwr interfering wiih 
the rights of slaveholders therein, or abolishing slavery in or the slave trade belweerj 
the States, Virginia will be prepared to unite with her sister slaveholding Stales, in 
convention or otherwise, in the adoption of any measures iliat may be necessary lo 
provide f.»r their mntnal defence or to secure th' ir common saletj-. 

3. Renolved, Thai, in the opinion of this (Jeneral Assembly, a southern convenliorv, 
in which the Stales as Stales are represented, shoiih' ci>iisist of delegates selected by 
the people of the several Stales in conventiim assembled, who slnmld carry with lliem 
all the authority derived from such an ajipointmeni. and be prepared to act for those 
whom they represent. 

4. /I'eso/vecL therefore, 'I'hat npon the h:i|)pening of either of the contingencies 
contemplated in the second ri soluliiMi, the (iovernor be aiilhurized and reipiesied (in- 
stead of convening the Legi.-lalnre) lo issue his proclamation for the election of dele- 
gates to a Slate conventi ui lo take inloconsideraliim the mode and measme of reilress, 
with power to appoint deleuates lo a southern convention, and to adopt such measures 
as the crisis may dem nid : The saiil dele^^aies lo be chosen by each city, county or 
election district, according lo iis represenialion in ihe house of delegates, and to receive 
the same pay and mileaL'e as meml»ers of the (Ji-neral Assembly. 

5. liesolved. That re«:ai(hng the convention propused lo be held at Nashville, on 
the first Monday in June next, as iniendcd to enalde the pe -pie of the south to lake 
counsel logelher as to the I)est and most efr-clnal means of re-^istiMif the aggressions oF 
the north, of enforcing a compliance on ilieir pari with their consliiuiional obligations, 



12 

and iherebj- of preserving ihe iiriion of lliese Stnies. now in iinrninenl peril by reason 
of llie course pursued by ilie noii sl;ivi>h(tblin;r !Siales, :iiul lh(;ir represeiualives in Con- 
gress, in llie ceaseless agi alion (and thai too in llie most unfriendly spirit) of quesliona 
involving ibe peace, the inslitiilions, and the very existence «»f tbo southern Staie.s — and 
approving the objects of said convention, as aliove set forth, the Ciieneral Assendily 
doth rccomnienil to the good people of this Coniinonwenlih lo send delegates ihereio ; 
and that to this end they hold primary meetings in each city, county and election dis- 
trict in this Stale, and appoint delegates to a convention, to be held in each conn;rrs-ional 
district, in the month of May next; and that the district conventions, so constituted, 
do each select two persons (one from each of the two political parties of the ciiintry) 
wlio shall be delegates to the said Nashville convention. 

6. JieHolvcd, That the Governor of this Commonwealth be requested to send a copy 
of these resolutions to each of the States of this Union, and also to oui senators and 
representatives in Congress, 

Adopted by the General Assembly, Februarv 12, 1850. 

GEORGE W. MUNFORD, (. H. D. 



AN ACT 

For the gradual abolition of slavery. 

When we contemplate our abliorrence of that condition to which the arins and tyranny 
of Great Rritain were exerted to reduce us, when wo look back on the variety of dan- 
gers lo which we have been exposed, and how miraculously our wants in many instan- 
ces have been supplied, and our deliverances wrouoht ; when even hope and h.nnan 
fortitude have become unequal lo the conflict, we are unavoidably led to a serious and 
grateful sense of the manifold blessings which we have undeservedly received IVcni the 
hand of that Being from whom every good and perfect gii't cometh. Impressed with 
these ideas, we conceive that it is our duly, and we rejoice that it is in our power, to 
extend a portion of that (rcedom lo others which hath been extended to us, and release 
from that slate of thraldom, to which we ourselves were tyrannically doomed, and from 
which we have now every prospect of being delivered. It is not for us lo inquire why, 
in the creation of mankind, the inhabitants of the several parls of the earth weredisiinjiuish ■ 
ed by a difference in feature or complexion. It is sufficient lo know, that all are the work 
of an Almighty h.md. We find, in the distribution of the human speries, that the most 
fertile as well as ihe most barren parts of die earth, are inhabited b}' in(;n of complexions 
differenl from ours, and from eacli odier ; fiom whence we may reasonably, as well as 
religiously, infer, that He who placed them in their various situations, hath extended 
equally his care and protection to all, and ihat it hecometh not ns to counteract his 
mercies. We esteem it a peculiar blessing granted lo us. that we are enabled this day to 
add one more siep to universal civilization, by removiuir, as much as possible, the sor- 
rows of those who have lived in undeserved l)onda<ie, and from wiiich, l)y the asjiiuned 
authority of tlie Kings of Great Britain, no efleclual, legal relief could be obtained. 
Weaneil, by a long cmirse of ex[)erience, from those narrow [)rejiidices and panialiiies 
we had imbibed, we find our hearts enlarged with kindness and benevolence lowaids 
men of all conditions and nations; and we conceive ourselves at this particular period 
extraordinarily called upon, by the blessings which we have received, to manitc-l the 
sincerity of our professions, and to give a substantial proof of our gratitude. 

2. And wiikkkas. The condition of those persons who have heretofore Ixcn de- 
nominated negio and mulatto slaves, has been attended with circumstances which not 
only deprived them of ihe common blessings that they were l)y nature entiiKd to. but 
has cast them into the deepest alllictions, by an unnatural separation and sale ol hus- 
band and wife from each other and from iheir children ; an injury, the greatness of 
which can only be conceived by supposing that wc were in llie same unhaj)j)y case. 
Injustice, therefore, to persons so unhappily circumstancc^l. and who, having no pros- 
pect before them whereon they may rest their sorrows and their hopes ; have no rea- 



13 

soiKihle i nil 11 oe mo Ml lo leiulor llicir service to socioly, v/lil(;li llujy ollicrwisc niij^lu, and 
iilsi) ill gratofiil cDinineinoralioii of our own happy tluliv«;ran(;o from llial stale of uricon- 
tlilioiial siil)iniHsion to \v\\\d\ we were dooim-il by llu; tyranny of Britain — 

9. /ie it enacted, u)id it is liercbij enacted, 'V\\i\\. ail persons, as well negroes and 
imilaltoes as olhers, who shall be bolii willnn this ISime from anil alter the passinj: of 
this a(;t, shall not be deemed and considered as servants for life, or slaves ; and that all 
servitude for life, or slavery ol'idiildren, in consequence of the slavery of their mothers, 
in the case of all children l)orn within this Slate Iroin and after the passing of this act, 
as aforesaid, shall be, and hereby is, utterly taken away, cxlinguishcd, and forever 
abolished. 

4. Provided (ilivatjs, and be it further enacted^ That every negro and mulatto 
child born within this Stale after the passing of this act as aforesaid, (who would in 
case this act had not Iwen made, have been born a servant for years, or life, or a slave,) 
shall be deented to be. and shall be, by virtue of this act. the servant of such person, or 
his or her assigns, who would in such case have been entitled lo the service of such 
child, unlil such child shall atluin unto the age of twenly-eight years, in the manner, and 
on the conditions, whereon servants bound by indenture for four years, are or may be 
retained and holdiMi ; and shall be liable lo like correction and punishment, and enlilled 
lo like relief, in case he or she be evilly treated by his or her master or mistress, and 
to like freedom, dues and other privileges, as servants bound by indenture for four 
years, are or may be entitled, unless the person lo whom the service of any such child 
shall belong, shall abandon his or her claim lo the same, in which case the overseers 
of llie poor of the city, township or district, rcsjectively, where such child shall be so 
abandoned, shall by indenture, bind out every child so abandoned, as an apprentice, 
lor a time not exceeding the age herein before limited for the service of such children. 

5. And be it further enacted, 'J'hat everv person who is or shall be the owner of 
of any negro or mulatto slave or servant for life, or till the age of thirty-one years, now 
within this State, or his lawful attorney, shall, on or before the said first day of Novem- 
ber next, deliver, or cause lo be delivered, in writing, lo the clerk of ihe peace of the 
county, or to the clerk of the court of record of the city of I'liiladelphia, in which he or 
she shall respectively inhabit, the name and surname, and occupation or profession of 
such owner, and the name of the county and township, district or ward, wherein he or 
she residelh ; and also the name and names of any such slave and slaves, and servant 
and servants for life, or till the age of ihiriy one years, together with their ages and 
Kexes, severally and respectively set forili and annexed, by such person owned, or 
slaiedly employed, and then being within lliis State, in order to ascertain and distin- 
guish the slaves and servants for life, and till the age of thirty-one years, within this 
State, who shall be such on the said first day of November next, from all other persons j 
which particulars shall, by said clerk of the sessions and clerk of the said city court, 
be eiiieied in books to be provided for that purpose by the said clerks ; and that no 
negro or mulatto, now within this State, shall, from and afier the said first day of No- 
veml)er, be deemed a slave or servant for life, or till the age of ihirly-one years, unless 
his or her name shall be entered as aforesaid on such record, except such negro and 
mulatto slaves and servants as are her-einafter excepted; the said clerk to be entitled to 
a fee ot two dollars for each slave or servant so entered as aforesaid, from the treasurer 
of the couiily, to be allowed lo him in his accounts. 

6. Provided ahcui/s, 'I'hat any person, in whom the ownership or right lo the ser- 
vice of anv negro or nuilalto shall be vested at the passing of this act, other than such 
as are hereinbefore excepted, his or her heirs, executors, administrators and assiaiis, 
and alt ■a\\(\ every of them, severally, shall be liable lo the overseers of the poor of the 
city, township or district lo whiith any such negro or mulatto shall become chargeable, 
for such necessary expense, with costs of suit thereon, as such overseers may be put 
lo ihriiugli the neiilecl of the owner, master or mistress of such negro or mulalto, nol- 
withstaiiiling the name and other descriptions of such negro or mulallo shall not be 
entered and recoixled as aforesaid, unless his or her master or owner shall, before such 
slave or servant attain his or her twenty-eighth year, execute and record in the proper 
coUiiiy, a deed or instrument, securing to such slave or servant his or her freedom. 



u 

7. And be itfurtlicr enacted. Thai ilie oflenccs and crimes of negroes and mulat- 
toes, as well slaves and servants as freemen, shall be inqnired of, adjudged, corrected 
and pnnishei', in like manner as the ofVeiices and crimes of the other inhabitants of this 
Slate are and shall he inqnired of, adjodi/ed. corrected and pnnislied, and not other- 
wise, except that a slave shall not be admitted to bear witness ajjainst a freeman. 

8. And hf it further enacted, 'J'hat in all cases wherein sentence of death shall be 
prononnced against a slave, the jury before whom he orshe shall be tried, shall appraise 
and declare the value of snch slave ; and in case snch sentence be executed, the court 
shall make an order on the State Treasurer, payable to the owner for the same, and 
for the costs of prosecution, but in case of remission or mitigation, for the costs only. 

9. An I lie it further enacted, Tiiat the reward for taking up runaway and abscond- 
ing negro and mulatto slaves and servaiUs, and th(! penalties for enticing away, dealing 
wit!i or harltoring, concealing oremployini{ negnt and n)ulalto slaves and servants, shall 
be the same, and shall be recoveied in like maimer as in case of servants bound for 
four years. 

10. And be it further enacted. That no man or woman of any nation or color, 
except the negroes or midalioes who shall be registered as aforesaid, shall at any time 
hereafter be deemed, adjuilijed or holden within the territories of this ('ommonwealth, 
as slaves or servants for hfe, but as free n)en and free women, except the domestic 
slaves attending upon delegates in Congress from the other American Stales, foreign 
ministers and consuls, and persons passing through or sojourning in this Slate, and not 
becoming resident therein, and seamen employeil in ships not bclongring to any inhabi- 
tant of this State, nor employed in any ship owneil by any such iidiabitant: Provided, 
Such domestic slaves be not alienated or sold to any inhabitant, nor (except in the case 
of mend)ers of (>ongress, foreign n)inisters and consuls) retained in this Stale longer 
than six months. 

1 1. Provided a/wni/.s. and l>e it further enacted, 'I'hat this act, or any thing in it 
contained, shall not give any relief or shelter to any absconding or runaway negro or 
nndaito slave or servant, who has absented himself or shall absent himself from his or 
her owner, master or mistress, residing in anv other State or country ; but such owner, 
master or mistress, shall have like right and aid to demand, claim and take away his 
slave or servant, as he might have had in case this act had not been made? and that all 
nei;ro and mulatto slaves now owned and heretofore resident in this State, who have 
absented themselves or been clandestinely carried away, or who may be employed 
abroad as seamen, and have not returned or been brought back to their owners, masters 
or mistresses, before the pa-sing of this act. may, within five years, be registered, as 
effectually as is ordered by this act concerning those who are now within th(> State, on 
producing surli slave before any two justices of the peace, and satisfying the .-:iid justices 
by due proof of the former residence, absconding, taking away, or alisence of snch 
slaves as aforesaid, who, thereupon shall direct and order the said slave to be entered 
on the record as aforesaid. 

12. And tvhcrcaa. Attempts may he made to evade this act, by introducing into 
this St;ite negroes and miilattoes bound by covenant to serve for long and nnreasonable 
terms of years, if the same be not |)revented: 

I'A. Be it therefore enacted. That no covenant of personal servitude or apprentice- 
ship whatsoever, shall be valid or binding on a negro or mulatto for a ionger time than 
seven years, uidess such servant or apprentice were, at the conomer7eemenl of sucli 
servitude or apprenticeship, under the age of twenty one years, in which case such ne- 
gro or midalto may be holden as a servant or apprentice respectively, accordmg to the 
cov(;naut, as the case shall be, until he or she shall attain the age of twenty-eight years, 
but no longer. 

14. And 1)6 it further enacted, 'i'hat an act of Assembly of the province of Pennsyl- 
vania, passed in the year one thousand seven hundred and five, entitled "An Act for 
the trial of negroes;" and another act of Assembly of the said province, passed in the 
year one thousand seven hundred and twenty-live, entitled "'An Act for the belter 
rejiulaling of negroes in this provinci! ;" and anoiher net of .\ssein!)Iy of the said pro- 
▼ince, passed in ilie year one thousand seven hnndied ami sixty-one, enlilled *' An Act 



15 

ffer laying a duly on nogro ami iniilalto slaves iinporlod into this fxrovinoe j" and also, 
another act of Assembly. of llio said province, passed in (lie year one thousand seven 
Jiiindred and .seventy-three, eiitilled "A+i Aet for making perpetual an act for layiiiL' a duly 
•on negro and nnilatlo slaves inipurted into this {)rovince, and for lavinir an additional 
•duty on said slaves,'' shall he and are herchy repealed, ainiulled and made void. 
Passed Isl March, 17«0. — liocofded in law book v»l. 1, p;i;r<; y3i>. 



AN ACT 

To-rxplainand aniond &ii act, eiititlo:] "Ak Act for the gradual aliohtion of Hluvcry.'" 

Section 1. For preventing many evils and al)uses arising from ill-disposed persons 
availing themselves of certain defects in the act for the gradual abolition of slavery, 
qpassed on the firsii day of Marcl^ in the year of our Lord one tliousaad seven hundred 
and eighty, 

SECTieN 2. Be it enacted^ and if is herehi/ enacted by the I?epresentatlves of the 
/reenien of the Commonwealth of Pcnnsijloania in Ge)ieral .^usernbltj met, and by 
'the authority of the same. Thai the exceplion conlBined in the tenth section of the 
aforesaid act, relative to doiweslic slaves attending upon persons .passing through or so- 
fjourning ia this State, and not becomiRg resident therein, shall not he deemed or taken 
•to extend to the slaves of SHch persons as are inhabilRnts of or resident in this State, 
>©r who shall come here with an intention to settle and reside ; but that all and every 
•slave and slaves, who shall 'be brought i<ito this State by persons inhabiting or residing 
"therein, or intending to inhabit or reside therein, shall be immeciialely considered, 
deemed, and taken to be free, to all intents and purposes. 

Section [i. And be it farther enacted by the authority aforesaid. That no negro 
•or mulatto slave, or servant for term of years, (except as in the last exception of the 
•tenth section of the said act is excepted.) shall be removed out of this Slate, wiili the 
"design and inlenlion that the place of abode or residence of snch slave or servant -shan 
•be tliereby altered or changed, cr with the design and intention that such slave or ser- 
vant, if a female, and pregnant, shall be detained and kept out of this State till her 
delivery of the child of whicli she is or shatl be pregnant, or wilh the design and inten- 
tion thai such slave or servant shall be brought again into this Stale, without liis or her 
•consent, if of full age, tesiified upon a private e-Kaminalion before two JKslices of the 
peace ef the city or county in which he or she shall reside, or being under the age of 
twenty -one years, without his or her consent, testified in manner aforesaid : and also, 
•without the consent of his or her parents, h{ any such there be, to be testified in like 
manner aforesaid, whereof the said justices, or one of them, shall make a record, and 
•fleliver to the said slave or servant the reason of snch removal, and the place to which 
^e or she is about to go. And if any peison or persons whatever, shall sell or dispose 
of any such slave or sert'ant to any person out of this Stale, or shall send or carrv, or 
•cause to be sent or earned, any such ^lave or servant out of this State, for any of the 
|)urposes aforesaid, whereby such slave or servant would lose those benefits and pri- 
"vileges v/hicli by the laws of this Slate are secured to him or her, and shall not have 
•obtained all such consent as by this act is required, testified in the manner before men- 
flioned, every such person and persons, his and their aiders and abettors, shall severally 
-forfeit and pay fer every such oHence, the sum of seventy-five pounds, to be recovered 
in any court of record by action of debt, bill, plaint or information, at the suit of any 
person who will sue for the same ; one moiety thereof, when recovered, for the use of 
ihe plaintilT, the other moiety for the nse of the poor of the city, township or pUce 
ifrom which such slave or servant shall be taken or removed. 

Section 4. And be it further enacted by the same authority aforesaid^ That all 
persons who now are or hereafter shall be possessed of any chilil or children born after 
•the first day of March, one thousand seven hundred and cigiity, who would, by the 
said act, be -liable 4o serve till the age of twenty-eight years, shall, on or before the 



16 

first c]ay of April, one tlionsand seven hundred and eighty-nine, or within sis inontlis 
next after the birth of any sucii child, deliverer cause to be delivered, in writing, to the 
clerk (if the peace of the county, or llie clerk of the court of record of the city of Phila- 
delphia, in which they shall respectively inhaliil, the name, surname, and orcnpalion 
or profession of such possessor, and of the county, township, district or ward, in which 
ihey reside; atxl also, the age, (to the best of his or her knowledge) name and sex of 
every such child or children, under the pain and penalty of forfeiting and losisg all right 
and title to every such child and children, and of him, her or them immetiiately be- 
coming free. ^Vhich said return or account in writing, shall be verified by the oath or 
affirmation of the party, which the sard clerks are hereby resj)ectively authorized and 
required to administer ; and the said clerks shall make and preserve records thereof, 
copies and extracts of which shall be good evidence in all courts of justice, when certi- 
fied under their hands and seals of office ; for which oath or affirmation, and entry or 
extract, the said clerks shall be respectively entiUed to one shilling and six pence, and no» 
more, to be paid by him or her who shall so, as aforesaid, make such entry or demand 
the extrart aforesaid : 

^ind tchereas. It has been represented to tliis House, that vessels hare been fitted^ 
out and equipped in this port for ths iniquitous purpose of receiving and transporting 
ihe natives of Africa to places where they are held in bondage, and it is just and proper 
to discourage, as far as practicable, sush proceedings in fnture : 

Section 5. Jie it therefore enacted, and it i» hereby e.naded by the authority 
aforesaid. That if any person or persons shall Iniild, fit, equip, man or otherwise 
prepare any ship or vessel within any port of this Stale, or shall sause any ship or oilier 
vessel to sail from any port in this Stale for the purpose of carrjtiiig on a irade or traffic- 
m slaves, to, from or between Europe, Asia, Africa or America, or any pla<'es or coun- 
try whatever, or of transporting slaves to or from one port or place to another, in any 
part or parts of the world, such ship or vessel, her tackle, furni'Hire. apparel and other 
appurtenances, sbaill be forfeited to tbe Commonwealth ; and shall be liable to be seizeil 
and proseculetl by any officer of the ewstoins or other person, by informntioM in rem, 
m the supreme court or the county conrt of conMrxin pleas for the county wherein such 
seizure shall be made; whereupon such proceedings shall be had, both unio and after judg- 
ment, as in and by the impost laws of this ('omnionwealtb r» cases of seizures, is di- 
rected. And moreover, all and every person and persons so buifding. fitting out, man- 
ning, equipping or otherwise preparing, or sending away any ship or vessel, knowing or 
intending that the same shall he employed in such trade or business, contrary Vo< the true 
intent aivd meaning of this act, or any wise aicJtng or abetting therein, sha<Iif severaWy 
forfeit and pay the sum of one thousand pounds ; one moiety thereof to the use of the- 
Commorjwealih, aiwl the other looiely thereof Co the use of him or her who will sue 
for the same, by action of debt,, bill, plaint, or information : 

,Bnd lohtreas. The practice of separating, which is too often exercised by the n»as- 
ters and mistresses of negro anii mulatto slaves or servants, for term of years, in sepa- 
rating husbands and -.vives. and parents and children, requires to be checked, so far as 
the same may be doce without prejudice to such masters or mistresses : 

Skction 6. Be it enacted by the airthority aforesaid. Thai if uny owner or pos- 
sessor of any negro or mulatto slave or slaves, or servant or servants for term of years, 
shall, from and after the first day of June next, separate or ren)ove. or rause to he 
separated or removed, a husiiamf from his wife, a wife fronv her hnslwnd, a child from 
his or her parent, or a pan-nt fiom a rhild, of any or either of the descriptions afore- 
said, to a greater distance thar> ten miles, with the design and intention of changing tbo 
habitation (;r place of abode of such hnsband or wife, parent o? child, unless snchchiltl 
shall be above the age of fo»>r years, or nidess the consent of sncii slave or servant for 
life or years shall have been obtained and testified in the manner hereinbefore describeif, 
such person or persorvs shall severalty forfeit and pay the sum of fifty pounds, with 
eosts of suit, for every such offence ; to be recovered by action of debt, bill, plaint or 
information in the supreme court, or in any coiiit of common pleas, at the suit of any 
person who will sue for the same ; one moiety thereof when rei;overed, for the use of 



17 

the plaintifT, the other moiety (or the use of the poor of the city, township or place 
from which such husband or wife, parent or child, shall have been taken or removed. 

Section 7. And he it further enacted hi/ the atd/ioriti/ aforenaid. That if any 
person or persons shall from and after the passajje of this act, i)y force or violence take 
and carry, or cause to be taken or carried, or shall by fraud seduce, or caused to be 
seduced, any noorro or mulatto from any part or parts of this State, to any other place 
or places whatsoever, with a design and inlenlion of scllin<r and disposing, ot of caus- 
ing to be sold, or of keeping and detaining, or of causing so to be, as a slave or ser- 
vant, for term of years, every such person or persons, dieir aiders and abettors, shall 
on conviction thereof in any court of quarter sessions for any city or county within 
this ('onimonwcalth, forfeit and pay the sum of one hundred pounds to the overseers 
of the poor of the city or township from which such negro or mulatto shall have been 
taken or seduced as aforesaid, and shall also be conlinod at hard labor for any time not 
less than six months, nor more than twelve months, and until the costs of prosecution 
shall be paid. 

Section 8, And be it further enacted hi/ the authority aforesaid. That the justices 
of the courts of common pleas for the counties of this Slate respectively, be and they 
are hereby required and enjoined to cause this act to be publicly read at least twice in 
each term, for the two terms next following the passing of this act. 

Passed 29th March, 1788. Recorded in law book, No. 3, page 370. 



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